Application by Independent Education Union of Australia (130N)
Citation: [2026] FWC 3136
What happened
The Independent Education Union of Australia (IEUA) applied for a protected action ballot order under the Fair Work Act 2009. This application relates to employees of Catholic Church Endowment Society Incorporated (Catholic Education SA), who are covered by a Single Interest Employer Authorisation (SIEA). The SIEA covers multiple employers and relates to a proposed multi-enterprise agreement. Catholic Education SA initially raised scope concerns but subsequently did not object to the application after amendments. The IEUA has made similar applications for other employers under the same SIEA.
What was decided
The Fair Work Commission granted the IEUA’s application for a protected action ballot order. The ballot will be conducted by Fair Vote Services Pty Ltd, an approved ballot agent. Voting must close by 31 August 2026. A compulsory conciliation conference will be held to facilitate negotiations. The Commission has determined that the requirements of section 443(1) of the Act have been met, based on a declaration from the IEUA’s Industrial Officer.
What it means for employers
Employers covered by Single Interest Employer Authorisations should be prepared for potential applications for protected action ballots, particularly when negotiating multi-enterprise agreements. Early engagement and clear communication regarding the scope of any proposed agreement can help avoid delays and unnecessary applications.
What it means for employees
Employees covered by the proposed agreement may have the opportunity to vote in a protected action ballot. This allows them to demonstrate their support for or against the proposed agreement and potentially influence negotiations.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections